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Open Access Publications from the University of California

Scholarly Works (9 results)

  • Thesis
  • Peer Reviewed
UC Berkeley Electronic Theses and Dissertations (2020)

ABSTRACT

Most human innovations begin from an abstraction, a judicial exception that by itself is not patent-eligible. Abstract ideas are considered basic tools of scientific and technological work, which courts prefer not to award with a monopoly because exclusive ownership of these essential elements would only serve to hinder economic and innovative progress. The problem concerning patent eligibility under §101 is that we do not have any measurement or indicator to differentiate when a claim consists of only an abstract idea and when a claim does not. Currently, courts rely on precedent that is ambiguous rather than relying on more concrete measures based on the specific type of underlying software. Lacking this measurement, coupled with inherent software complexity, has resulted in inconsistent jurisprudence that is often inscrutable. These inconsistencies in the jurisprudence of cases involving computer programs stem from lacking a proper framework based on the functional nature of computer programs. There are several different proposals with inconsistent explanations as to how to apply the judicially created framework in determining patent eligibility. Still, none of them suggest a practical test specifically for software fields based on the functional nature of computer software to solve the patent eligibility problem. Additionally, proper disclosures are needed to combat high invalidity rates due to the lack of quality of patent applications.

This study addressed the confusion regarding the existing judicial framework (Alice’s framework) in determining patent eligibility (§101) of software inventions. It proposed a new framework for determining patent eligibility in which the meaning of an abstract idea is defined in a practical way, as routine building blocks, based on the functional characteristics of software programs. These routine building blocks are not patent-eligible because the only embodiment is its fundamental components that are common in all inventions in that type of software. Granting any patent to claims of these essential elements will preempt other’s innovative progress in that specific type of software. The functionality of this framework was tested on some software patent cases dealing with the §101 issue, as well as on one actual AI (Artificial Intelligence) pending patent application. Additionally, this study suggested proper disclosures through examples to improve the quality of patent applications by specifying some factors that might affect the validity of a software patent regarding the sufficiency of its disclosure.

Giving robust indicators to the patent examiners, judges, jurists, patentees, and practitioners to increase the certainty of predicting the outcome of the case based on the content quality of the underlying claims is the main contribution of this study. The result is significant because, with this legal paradigm, the unavoidably subjective assessments of computer programs in determining patent eligibility are formalized.

Keywords: Intellectual Property, Software Patent, Abstract Idea, Alice Test, Patent Eligibility Test, Sufficient Disclosure, Artificial Intelligence, Building Blocks, Section 101, Section 112, U.S. Patent Act.

    Cover page: A Proposal to Revise the Alice Test for Software Patents
    • Article
    On-Line Working Paper Series (2002)

    This paper uses data from the 1990s to examine changes in the wages, employment, and effort of nurses in California hospitals following takeovers by large chains. The market for nurses has been described as a classic monopsony, so that one might expect increases in firm market power to be associated with declines in wages. However, we show that if one extends the monopsony model to consider effort, or if we apply a basic contracting model to the data, then we would expect to see effects on effort rather than on wages. This prediction is bourne out by the data nurses see few declines in wages following takeovers, but see increases in the number of patients per nurse, our measure of effort. We also find that these changes are similar in the largest for-profit and non-profit chains, suggesting that market forces are more more important than institutional form.

      Cover page: Cut to the Bone? Hospital Takeovers and Nurse Employment Contracts
      • Article
      • Peer Reviewed
      Dermatology Online Journal, Volume 25, Issue 12 (2019)
      Angiosarcomas are malignant neoplasms arising from endothelial cells. Cutaneous angiosarcoma is the most common form, typically occurring in the setting of chronic lymphedema or previous radiation. The head and neck are the most common locations for cutaneous angiosarcoma, with rare occurrence on the trunk and extremities. Herein, we present a case of angiosarcoma on the lower extremity in an elderly man. This 71-year-old man presented with a two-year history of red-yellow discoloration of the left lower leg with subsequent development of black nodules over the past several months prior to presentation. He denied any itching, bleeding, or ulceration. Past medical history included diabetes, hypertension, and non-melanoma skin cancer. Physical examination showed erythematous, violaceous, non-blanchable papules with yellow atrophic regions and overlying black crusted nodules and plaques. Biopsies were taken and the patient was diagnosed with angiosarcoma and referred to a tertiary care center for further evaluation.
        Cover page: Cutaneous angiosarcoma of the legCreative Commons 'BY-NC-ND' version 4.0 license
        • Article
        • Peer Reviewed
        Dermatology Online Journal, Volume 29, Issue 5 (2023)
        Pemphigus foliaceus is a superficial blistering disorder characterized by erosions and scaling in a seborrheic distribution. The condition typically occurs in healthy individuals but issues arise from delayed diagnosis. Many cases remain undiagnosed or misdiagnosed due to the lack of awareness of the condition. With use of common diagnostic tools, pemphigus foliaceus can be easily identified and monitored. Histological analysis exhibits "chicken wire" patterning along keratinocytes in the upper epidermis, whereas immunofluorescence study displays subcorneal acantholysis. Pemphigus foliaceus is confirmed via ELISA studies revealing the presence of autoantibodies against desmoglein 1. Once correctly diagnosed, typically the condition is responsive to corticosteroid therapy. However in recalcitrant cases such as in ours, adjunctive immunosuppressive therapy with dapsone or rituximab may be indicated.
          Cover page: Red crusty plaques in a young manCreative Commons 'BY-NC-ND' version 4.0 license
          • Article
          • Peer Reviewed
          UC San Diego Previously Published Works (2023)
          INTRODUCTION: Mirror neurons have been suggested as a potential neural mechanism of observational learning. This study aims to investigate the effect of self-modeling, skilled model, and learning model on mu rhythm suppression and golf putting acquisition and retention. METHODS: The study was conducted on 45 male volunteer students (aged 19.4±0.37 years) in three experimental groups, self-modeling, skilled, and learning models with six sessions of physical and observational training in three periods of pre-test, acquisition, and retention. In the pre-test, after the initial familiarity with the skill, participants performed 10 golf putting actions while scores were recorded. Then, electrical brain waves in C3, C4, and Cz regions were recorded during the observation of 10 golf putting actions by their group-related models. The acquisition period consisted of golf putting training during six sessions, each consisting of six blocks of 10 trials. Before each training block, participants observed golf putting related to their group 10 times in the form of a video. Acquisition and delayed retention tests were also performed by recording scores of 10 golf putting actions, as well as recording electrical brain waves while observing the skill performed by the related model. RESULTS: Mixed analysis of variance (ANOVA) showed that the mu rhythm suppression in the pre-test was more in the self-modeling group compared to the skilled model and learning model groups, but this suppression was not significantly different in all three groups in the acquisition and retention tests. In putting task variables, all three groups that had no significant difference in the pre-test period made considerable progress in learning the desired skill from the pre-test to the acquisition test, and this progress was somewhat stable until the retention test. Also, both in the acquisition and retention periods, the self-modeling group showed better performance than the other two groups; however, no significant difference was observed between these groups. CONCLUSION: These results suggest that the model-observer similarity is a crucial factor in modeling interventions and can affect the rate of mu rhythm suppression.
            Cover page: The Effect of Modeling Methods on Mirror Neuron Activity and a Motor Skill Acquisition and Retention.
            • Article
            • Peer Reviewed
            Dermatology Online Journal, Volume 25, Issue 12 (2019)
            A 66-year-old man presented to the outpatient dermatology clinic with a chief complaint of a pruritic rash on his upper trunk and proximal upper extremities, which had been present for three weeks. Upon examination, he was found to have an erythematous, annular, and polycyclic eruption on the chest, upper back, and proximal extremities. A clinical diagnosis of subacute cutaneous lupus erythematosus (SCLE) was made. The patient was found to have a positive anti-nuclear antibody (ANA) in a speckled pattern and a positive anti-Ro antibody. A biopsy revealed an interface and lichenoid dermatitis with dermal mucin deposition, consistent with subacute cutaneous lupus erythematosus. The patient reported that he had recently been diagnosed with hypertension and began treatment with olmesartan, a potassium-sparing diuretic that blocks the angiotensin II receptor, commonly used as an antihypertensive or in patients with heart failure. Cutaneous reactions to olmesartan are rare and reported in <1% of patients in post-marketing surveillance. The patient discontinued use of olmesartan and the rash completely resolved within three weeks. To date, there are no other reported cases of drug induced SCLE in patients taking olmesartan to our knowledge.
              Cover page: Drug-induced anti-Ro positive subacute cutaneous lupus in a man treated with olmesartanCreative Commons 'BY-NC-ND' version 4.0 license
              • Article
              • Peer Reviewed
              UC Irvine Previously Published Works (2017)
              INTRODUCTION: US Hispanics, particularly younger adults in this population, have a higher prevalence of uncontrolled hypertension than do people of other racial/ethnic groups. Little is known about the prevalence and predictors of antihypertensive medication adherence, a major determinant of hypertension control and cardiovascular disease, and differences between age groups in this fast-growing population. METHODS: The cross-sectional study included 1,043 community-dwelling Hispanic adults with hypertension living in 3 northern Manhattan neighborhoods from 2011 through 2012. Age-stratified analyses assessed the prevalence and predictors of high medication adherence (score of 8 on the Morisky Medication Adherence Scale [MMAS-8]) among younger (<60 y) and older (≥60 y) Hispanic adults. RESULTS: Prevalence of high adherence was significantly lower in younger versus older adults (24.5% vs 34.0%, P = .001). In younger adults, heavy alcohol consumption, a longer duration of hypertension, and recent poor physical health were negatively associated with high adherence, but poor self-rated general health was positively associated with high adherence. In older adults, advancing age, higher education level, high knowledge of hypertension control, and private insurance or Medicare versus Medicaid were positively associated with high adherence, whereas recent poor physical health and health-related activity limitations were negatively associated with high adherence. CONCLUSION: Equitable achievement of national hypertension control goals will require attention to suboptimal antihypertensive medication adherence found in this study and other samples of US Hispanics, particularly in younger adults. Age differences in predictors of high adherence highlight the need to tailor efforts to the life stage of people with hypertension.
                Cover page: Age-Related Differences in Antihypertensive Medication Adherence in Hispanics: A Cross-Sectional Community-Based Survey in New York City, 2011-2012.Creative Commons 'BY' version 4.0 license
                • Article
                • Peer Reviewed
                UC San Diego Previously Published Works (2022)

                Background

                This study provides a global overview of the management of patients with acute cholecystitis during the initial phase of the COVID-19 pandemic.

                Methods

                CHOLECOVID is an international, multicentre, observational comparative study of patients admitted to hospital with acute cholecystitis during the COVID-19 pandemic. Data on management were collected for a 2-month study interval coincident with the WHO declaration of the SARS-CoV-2 pandemic and compared with an equivalent pre-pandemic time interval. Mediation analysis examined the influence of SARS-COV-2 infection on 30-day mortality.

                Results

                This study collected data on 9783 patients with acute cholecystitis admitted to 247 hospitals across the world. The pandemic was associated with reduced availability of surgical workforce and operating facilities globally, a significant shift to worse severity of disease, and increased use of conservative management. There was a reduction (both absolute and proportionate) in the number of patients undergoing cholecystectomy from 3095 patients (56.2 per cent) pre-pandemic to 1998 patients (46.2 per cent) during the pandemic but there was no difference in 30-day all-cause mortality after cholecystectomy comparing the pre-pandemic interval with the pandemic (13 patients (0.4 per cent) pre-pandemic to 13 patients (0.6 per cent) pandemic; P = 0.355). In mediation analysis, an admission with acute cholecystitis during the pandemic was associated with a non-significant increased risk of death (OR 1.29, 95 per cent c.i. 0.93 to 1.79, P = 0.121).

                Conclusion

                CHOLECOVID provides a unique overview of the treatment of patients with cholecystitis across the globe during the first months of the SARS-CoV-2 pandemic. The study highlights the need for system resilience in retention of elective surgical activity. Cholecystectomy was associated with a low risk of mortality and deferral of treatment results in an increase in avoidable morbidity that represents the non-COVID cost of this pandemic.
                  Cover page: Global overview of the management of acute cholecystitis during the COVID-19 pandemic (CHOLECOVID study)Creative Commons 'BY' version 4.0 license
                  • Article
                  • Peer Reviewed
                  UC San Francisco Previously Published Works (2021)
                  To support the global restart of elective surgery, data from an international prospective cohort study of 8492 patients (69 countries) was analysed using artificial intelligence (machine learning techniques) to develop a predictive score for mortality in surgical patients with SARS-CoV-2. We found that patient rather than operation factors were the best predictors and used these to create the COVIDsurg Mortality Score (https://covidsurgrisk.app). Our data demonstrates that it is safe to restart a wide range of surgical services for selected patients.
                    Cover page: Machine learning risk prediction of mortality for patients undergoing surgery with perioperative SARS-CoV-2: the COVIDSurg mortality scoreCreative Commons 'BY' version 4.0 license
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